Saint Shri Asaram Bapu vs State of Rajasthan (2013)

Facts of the Case

Asaram Bapu was born on 17^th April, 1941, in Gujarat, later known as a prominent spiritual leader and established several ashrams throughout the whole India. He influenced millions of followers who have almost recognised him as a Godman or God’s messenger. Many reputed politicians of that time, including the Prime Minister, other Cabinet Ministers, and State Chief Ministers also influenced by this person. But his all reputation or social dignity was severely harmed when he was accused of a sexual exploitation case. Sant Shri Asaram Bapu was also referred to as Asaram and Ashumal in some court documents. The whole incident happened in his Jodhpur ashram in August 2013, The 16-year-old girl stated in the FIR that she was taken to the Jodhpur ashram for spiritual healing and according to her statement, she was assaulted in a secluded hut named ‘Kutia’. She also stated that Asaram manipulated her by telling her that these procedures were spiritual activities and sexually assaulted her[1]. She complained in the Delhi police station subsequently, according to what she said and later the FIR was registered at Jodhpur police Station, the FIR was registered under the Sec 376 IPC[2] (rape) and Sec 342 IPC[3] (wrongful confinement), additionally, all relevant sections 5(f)[4],6[5],7[6],8[7] of Protection of Children from Sexual Offences (POCSO) Act, 2012 and 23[8] & 26[9] of Juvenile Justice (Care and Protection of Children) Act,2000. The Investigation was 1st conducted by the Rajasthan Police, and they searched the ashram looking for evidence. The police took statements from some of the people in the ashram, who were with them at the time of the incident. Later, they proceeded to arrest Asaram in September 2013 for interrogation by the police. He is now in judicial custody. All of his bail applications were rejected because of her severe crimes and threatening witnesses. During the trial, the witnesses were threatened with life risk by Asaram’s aides, and they heavily influenced the witnesses to change their statements. The trial starts in a special court at Jodhpur, and the victim, the medical expert and the others associated with this case were questioned before the court about the incidents. In April 2018, after a protracted trial period, Asaram was sentenced to imprisonment under Sections 376, 342 IPC and relevant sections of the POCSO Act.

Legal Analysis

Asaram was convicted of several heinous crimes under several Indian laws. The court said it found him guilty of illegal activities, like:

Under Section 370(4)[10] (which is Traffic or Trafficking of persons), Section 342[11](Punishment for Wrongful Confinement), Section 376 (2)(f)[12] Increased Rape, Section 376(D)[13] (Gang Rape), Section 354A[14] (provides punishment for the sexual harassment), Section 506[15] (Punishment for Criminal Intimidation), An offence punishable under Section 509[16] (Word, Non-verbal communication or act intended to insult the modesty of woman), Section 34[17] (Conveyancing by several persons in pursuance of common intention), Section 120B[18] (Punishment for Criminal Conspiracy) IPC 1860 also. Then, under Section 23[19] (Cruelty in Juvenile or Child) and Section 26[20] (Sex exploitation of Child) as applicable to the Juvenile Justice (Care and Protection of Children) Act, 2000. Section 5[21] (aggravated penetrative sexual assault), Section 6[22] (a more graver penetrative sexual assault), Section 7[23] Sexual Assault (sexual assault); Section 8[24] (The one who commits an act of sexual offence) will be punished under the POCSO Act of 2012. The Court punished Asaram with huge sentences, including life imprisonment, a huge amount of fines, and rigorous imprisonment for different periods of his remaining life term under the relevant sections. These severe punishments showcase the cruelty of the crime against the minor. The conviction of Asaram highlighted a significant moment in the Indian justice system.

Legal Issues of the Case

1. Whether the accused-Asaram Bapu, committed the aggravated sexual assault on a minor through spiritual means for her recovery from the sufferings?
2. Whether the wrongful confinement and intimidation were used to facilitate the crime?
3. Whether Asaram was privy to the commission of the offence, and influenced the trial?
4. Whether the accused set and abetted to perpetrate, as well as cover up his crime by exploiting the spiritual and social ambience?
5. Whether the prosecution’s evidence, including the minor and medical reports, was sufficient for the case to go to conviction?
6. Whether the new evidence is filed during the appellate procedure under Section 391 Crpc?
7. Whether it was okay to give interim bail to a convicted person on medical grounds & not disturb the natural justice?
8. Whether the minor victim’s rights are adequately protected by the POCSO and Juvenile Justice (care and maintenance) Acts?

Arguments of the Parties

Arguments of the Petitioner

1. The prosecution case depends primarily on the testimony of 16 year old girl who said she was raped by Asaram under the garb of spiritual healing.
2. The medical results had proved the victim’s account of rape.
3. The prosecution called to corroborate the number of people in the ashram, and Asaram should rightly have been intimidated because intimidation of witnesses also magnified his case.
4. The prosecution further supported that the power was used by accusing to bail justice witnesses who had committed threats against such eye-witness prospects.
5. The prosecution opposed the introduction of a video under Section 391 Crpc[25] On the ground that it was irrelevant and nothing but an evidence of delaying the process by Asaram.

Arguments of the Respondent

1. The defence alleged that Asaram was falsely implicated on account of conspiracy and political vengeance.
2. They said there was no direct evidence to connect Asaram with the crime as such.
3. The legal team of Asaram tried to portray him as an honest spiritual guru and legitimacy to both the complainant and well witnesses.
4. Asaram had filed multiple times of bail applications, on the grounds of age and deteriorating health (Medical grounds for bail).
5. The defence wanted to submit calls for evidence of the recorded video evidence, as it was tantamount to recalling witnesses.

Decision of the Court

Throughout the whole trial, Asaram filed several bail applications, but every time his bail applications were rejected. The Judiciary and Justice system recognised that if he were granted bail, then he could manipulate the witnesses. The court directs that nobody is above the law & order of the country just because they have a large number of spiritual followers or social status. To give more strength on his side, Asaram filed an application seeking to recall the prosecution witnesses for cross-examination under section 311 of the Criminal Procedure Code[26]. He stated that the F.I.R., which was lodged in Jammu, some new evidence had emerged from that F.I.R., which was connected to this case. But the court denied this application by stating that it was an unnecessary proceeding without providing substantial grounds for reconsideration. The Supreme Court directed that any kind of witness manipulation or any attempt to influence the witnesses, or any kind of threat to them, can result in strict action against the accused. This order of the Supreme Court ensures that the victims and witnesses can give their statements without any kind of fear or coercion. The sentence was largely based on sufficient supporting evidence against the accused person. Especially the medical reports of the victims and the testimonies of the witnesses who supported the victim’s statement regarding being sexually assaulted by Asaram. During the trial and even after his conviction, he repeatedly requested bail applications for his medical treatment, but every time the Rajasthan High Court denied the bail application, and also the court allowed him ayurvedic treatment while in custody, it showcases that even convicted criminals also have certain fundamental rights.

Rationale

One of the main legal concerns in this case was section 391 of the Criminal Procedure Code.[27], which addresses the authority of appellate courts to gather additional evidence. The dispute arose from Ajay Pal Lamba’s book, where the expose of video recordings constituted some grounds for summoning him to provide additional evidence. The High Court permitted Asaram’s application to consider the significance of a video recording which was not present at the time of the trial, but the Supreme Court overruled the High Court’s decision by allowing additional evidence. The Supreme Court emphasised that the additional evidence is permitted only at the appellate court, where the importance of the evidence for the judgment of the case is of utmost significance. The court stated that the recorded video of Lamba was not relevant to the investigation, and the video did not influence the investigation team. This judgment clarifies when the appellate court should permit additional evidence, which supports a high threshold that requires stating the relevancy of the speculative potential value[28].

Impact of the case

This case represents several significant implications for the Indian Judiciary System:

1. This case represents that no one is above the country’s law & order, even the spiritual and political leaders can be convicted for their criminal offences.
2. This case highlights the framework of India for addressing sexual offences under the POCSO Act against minors.
3. This case showcases the challenges of protecting the witnesses and the evidence because the accused has a large number of followers and aides.
4. The permission granted by the apex court to include additional evidence under section 391 of the Crpc sets a precedent for future legal proceedings.
5. The grants of the interim bail on medical grounds set up that even the offenders have certain fundamental rights.

Current Status of the Case

As of now, in April 2025, the present status of the case is as follows:

1. Asaram remains accused of the offences, but now he is on interim bail, which was granted by the Rajasthan High Court in January 2025 for medical treatments for his health issues[29].
2. His appeal is pending before the High Court till now against the conviction.
3. Additionally, the Supreme Court invalidated the rule that allowed the use of additional evidence from the recordings of Ajay Lamba’s video[30].
4. The Supreme Court informed the government about the appeal submitted by Asaram, expressing their intention to review the presence of medical reports in the case.

 

References

[1] Saint Shri Asaram Bapu v. State of Rajasthan [2013] S.B.CRIMINAL MISC.BAIL APPLICATION NO.7115/2013

[2] The Indian Penal Code, 1860, s 376

[3] The Indian Penal Code, 1860, s 342

[4] The Protection of Children From Sexual Offences Act, 2012, s 5(f)

[5] The Protection of Children From Sexual Offences Act, 2012, s 6

[6] The Protection of Children From Sexual Offences Act, 2012, s 7

[7] The Protection of Children From Sexual Offences Act, 2012, s 8

[8] Juvenile Justice (Care And Protection Of Children) Act, 2000, s 23

[9] Juvenile Justice (Care And Protection Of Children) Act, 2000, s 26

[10] The Indian Penal Code, 1860, s 370 (4)

[11] The Indian Penal Code, 1860, s 342

[12] The Indian Penal Code, 1860, s 376 (2) (f)

[13] The Indian Penal Code, 1860, s 376D

[14] The Indian Penal Code, 1860, s 354A

[15] The Indian Penal Code, 1860, s 506

[16] The Indian Penal Code, 1860, s 509

[17] The Indian Penal Code, 1860, s 34

[18] The Indian Penal Code, 1860, s 120B

[19] Juvenile Justice (Care And Protection Of Children) Act, 2000, s 23

[20] Juvenile Justice (Care And Protection Of Children) Act, 2000, s 26

[21] The Protection of Children From Sexual Offences Act, 2012, s 5

[22] The Protection of Children From Sexual Offences Act, 2012, s 6

[23] The Protection of Children From Sexual Offences Act, 2012, s 7

[24] The Protection of Children From Sexual Offences Act, 2012, s 8

[25] The Code of Criminal Procedure, 1973, s 391

[26] The Code of Criminal Procedure, 1973, s 311

[27] The Code of Criminal Procedure, 1973, s 391

[28] Saurabh Uttam Kamble, ‘The Appeal Of State Vs Asharam @ Ashumal: Issue Of Additional Evidence And Suspension Of Sentence’ (LawyersclubIndia, 1 May 2023) <https://www.lawyersclubindia.com/judiciary/the-appeal-of-state-vs-asharam-ashumal-issue-of-additional-evidence-and-suspension-of-sentence-6589.asp#:~:text=The%20Code%20of%20Criminal%20Procedure,%201973%20Section> accessed 21 April 2025

[29] Ritu, ‘Rajasthan High Court grants interim bail to Asaram Bapu in 2013 rape case for medical treatment’ (SCC Online, 14 January 2025) <https://www.scconline.com/blog/post/2025/01/14/after-supreme-court-raj-hc-grants-interim-bail-to-asaram-bapu-for-medical-treatment-till-31-03-2025-scc-times/> accessed 22 April 2025

[30] Apoorva, ‘Asharam Bapu Case Supreme Court sets aside Rajasthan High Court Judgment directing summoning and recording of evidence of IPS Ajay Pal Lamba’ (SCC Online, 19 April 2023) <https://www.scconline.com/blog/post/2023/04/19/supreme-court-set-aside-rajasthan-high-court-judgment-directing-summoning-and-recording-of-evidence-of-ips-ajay-pal-lamba-in-asharam-bapu-case-legal-research-legal-news-updates/> accessed 22 April 2025